SB1896 EnrolledLRB103 25075 HEP 51410 b



1 AN ACT concerning transportation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Vehicle Code is amended by 
5changing Section 5-102.1 as follows:




6 (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)



7 Sec. 5-102.1. Permits for off site sales and exhibitions. 

8 (a) A licensed new or used motor vehicle dealer licensed 
9under Section
5-101 or
5-102 shall not engage in any off site 
10sale without an off site sale permit
issued by the Secretary 
11under this Section.

12 The Secretary shall issue an off site sale permit to a 
13dealer if:


14  (1) an application therefor is received by the 
15 Secretary prior to the beginning date of the proposed off 
16 site sale, accompanied
by a fee of $25;


17  (2) the applicant is a licensed new vehicle dealer or 
18 used vehicle
dealer in good standing; and


19  (3) the Secretary determines that the proposed off 
20 site sale will
conform with the requirements imposed by 
21 law.

22 However, in no event shall an off site sale permit be 
23issued to any
licensed new or used vehicle dealer for any off 
 
 
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1site sale to be conducted
outside that dealer's relevant 
2market area, as that term is defined in
this Chapter, except 
3that this restriction
shall not apply to off site sales of 
4motor homes or recreational vehicles.

5 The provisions of this subsection shall not apply to 
6self-contained motor
homes, mini motor homes, van campers, and 
7recreational trailers, including
trailers designed and used to 
8transport vessels or watercraft.

9 An off site sale permit does not authorize the sale of 
10vehicles on a Sunday.

11 (b) Only a new or used vehicle dealer licensed under 
12Section 5-101
or 5-102
may participate in a display exhibition 
13and shall obtain a display exhibition
permit issued by the 
14Secretary under this Section.

15 The Secretary shall issue a display exhibition permit to a 
16dealer if:


17  (1) an application therefor is received by the 
18 Secretary prior to the beginning date of the proposed 
19 exhibition, accompanied
by a fee of $10;


20  (2) the applicant is a licensed new vehicle dealer or 
21 used vehicle
dealer in good standing; and


22  (3) the Secretary determines that the proposed 
23 exhibition will
conform with the requirements imposed by 
24 law.

25 A display exhibition permit shall be valid for a period of 
26no longer than 30
days.

 
 
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1 (c) A licensed new or used motor vehicle dealer under 
2Section 5-101 or
5-102, or any other person as defined in this 
3Section, may participate in a
trade show exhibition and must 
4obtain a trade show exhibition permit issued by
the Secretary 
5under this Section.

6 The Secretary shall issue a trade show exhibition permit

7if:


8  (1) an application is received by the Secretary
before

9 the beginning date of the proposed trade show exhibition, 
10 accompanied by a fee
of $10;


11  (2) the applicant is a licensed new vehicle dealer or 
12 used vehicle dealer
in good standing; and


13  (3) the Secretary determines that the proposed trade 
14 show exhibition shall
conform with the requirements 
15 imposed by law.

16 A trade show exhibition permit shall be valid for a
period 
17of no longer than 30 days.

18 The provisions of this subsection shall not apply to 
19self-contained motor
homes, mini motor homes, van campers, and 
20recreational trailers, including
trailers designed and used to 
21transport vessels or watercraft.

22 The term "any other person" shall mean new or used vehicle 
23dealers
licensed by other states; provided however, a trade 
24show exhibition of new
vehicles shall only be participated in 
25by licensed new vehicle dealers, at
least 2 of which must be 
26licensed under Section 5-101.

 
 
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1 (d) An Illinois or out-of-state licensed new or used 
2trailer dealer,
manufactured home dealer, motor home dealer, 
3mini motor home dealer, or van
camper dealer shall not
engage 
4in any off site sale or trade show exhibition without first 
5acquiring a
permit issued by the Secretary under this 
6subsection.
However, the provisions of this Section shall not 
7apply to a licensed
trailer dealer selling a mobile home or 
8manufactured housing, as defined in the
Illinois Manufactured 
9Housing and Mobile Home Safety Act, if the manufactured

10housing or mobile home has utilities permanently attached.
The 
11Secretary shall
issue a permit to an Illinois dealer if:


12  (1) an application is received by the Secretary
before

13 the beginning date of the proposed off site sale or trade 
14 show exhibition,
accompanied by a fee of $25;


15  (2) the applicant is a licensed new or used vehicle 
16 dealer in good
standing; and


17  (3) the Secretary determines that the proposed off 
18 site sale or trade show
exhibition will conform with the 
19 requirements imposed by law.

20 The Secretary shall issue a permit to an out-of-state 
21dealer if the
requirements of subdivisions (1), (2), and (3) 
22of this subsection (d) are met
and at least 2 licensed Illinois 
23dealers will participate in the off site sale
or trade show 
24exhibition.

25 A permit issued pursuant to this subsection shall allow 
26for the sale of
vehicles at either an off site sale or at a 
 
 
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1trade show exhibition. The permit
shall be valid for a period 
2not to exceed 30 days.

3 (e) The Secretary of State may adopt rules regulating the

4conduct of off site deliveries, sales, and exhibitions, and 
5governing the issuance and
enforcement of the permits 
6authorized under this Section. An Illinois licensed new or 
7used motor vehicle dealer is authorized to conduct sales 
8activities, including the collection of electronic signatures, 
9via the Internet and deliver vehicles to a customer at the 
10address provided in the customer's application, if the sale, 
11lease, or delivery is requested by the customer in writing and 
12only after the identity of the customer has been verified at 
13the time of delivery. Any documents that State or federal law 
14require to be signed in person may be signed at the time of 
15delivery without constituting an off site sale that is subject 
16to this Section. If a vehicle is delivered to an address other 
17than the licensed dealer's established place of business, the 
18date of the sale shall be that date on which the application 
19for title is signed by the purchaser of the vehicle.

20(Source: P.A. 90-718, eff. 1-1-99;
90-774, eff. 8-14-98; 
2191-357, eff. 7-29-99.)